2024-cv-10791

COMPLAINT filed by Anagram International, LLC; Jury Demand. Filing fee $ 405, receipt number AILNDC-22626398.

Exhibit 1

Exhibit 2 Part 1

Exhibit 2 Part 2

Exhibit 2 Part 3

(Exhibit 2 Part 4)

CIVIL Cover Sheet

ATTORNEY Appearance for Plaintiff Anagram International, LLC by Michael A. Hierl

ATTORNEY Appearance for Plaintiff Anagram International, LLC by William Benjamin Kalbac

ATTORNEY Appearance for Plaintiff Anagram International, LLC by Robert Payton Mcmurray

ATTORNEY Appearance for Plaintiff Anagram International, LLC by John Wilson

MOTION by Plaintiff Anagram International, LLC to seal document Plaintiff's Motion for Leave to File Under Seal

SEALED DOCUMENT by Plaintiff Anagram International, LLC Sealed Schedule A

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Anagram International, LLC

CASE ASSIGNED to the Honorable Georgia N Alexakis. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2). (Text entry; no document attached.)

CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (Text entry; no document attached.)

MOTION by Plaintiff Anagram International, LLC to seal document Plaintiff's Amended Motion for Leave to File Under Seal

MOTION by Plaintiff Anagram International, LLC for leave to file excess pages Plaintiff's Motion to Exceed Page Limitation

MOTION by Plaintiff Anagram International, LLC for temporary restraining order Plaintiff's Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MEMORANDUM by Anagram International, LLC in support of motion for temporary restraining order, [12]

Declaration Wiles Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

Exhibit Hierl Exhibit 3

Exhibit Hierl Exhibit 4

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 1 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 2 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 3 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 4 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 5 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 6 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 7 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 8 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 9 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 10 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 11 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 12 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 13 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 14 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 15 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 16 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 17 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 18 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 19 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 20 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 21 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 22 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 23 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 24 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 25 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 26 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 27 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 28 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 29 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 30 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 31 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 32 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 33 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 34 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 35 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 36 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 37 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 38 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 39 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 40 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 41 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 2 Part 42 of Wiles Declaration

EXHIBIT by Plaintiff Anagram International, LLC Exhibit 2 part 1 regarding memorandum in support of motion, [13]

EXHIBIT by Plaintiff Anagram International, LLC Exhibit 2 Part 2 regarding memorandum in support of motion, [13]

EXHIBIT by Plaintiff Anagram International, LLC Exhibit 2 Part 3 regarding memorandum in support of motion, [13]

EXHIBIT by Plaintiff Anagram International, LLC Exhibit 2 Part 4 regarding memorandum in support of motion, [13]

Notice of Claims Involving Trademarks by Anagram International, LLC

NOTICE of Motion by Michael A. Hierl for presentment of motion for leave to file excess pages[11], motion for temporary restraining order, [12], motion to seal document[7], motion to seal document[10] before Honorable Georgia N Alexakis on 10/24/2024 at 09:30 AM.

MAILED trademark report to Patent Trademark Office, Alexandria VA

MAILED to plaintiff(s) counsel Lanham Mediation Program materials

MAILED copyright report to Registrar, Washington DC

MINUTE entry before the Honorable Georgia N Alexakis: Plaintiff's amended motion for leave to file under seal 10 and motion to exceed page limitation 11 is granted. Plaintiff's motion for leave to file under seal 7 is denied as moot. Upon review of the complaint, the Court sua sponte raises the propriety of joining 227 defendants 8 in a single action involving two trademark registrations and approximately 40 copyright registrations 1. See, e.g., Estee Lauder Cosmetics Ltd. v. Schedule A, 334 F.R.D. 182 (N.D. Ill. 2020). By 11/22/24, plaintiff shall file a supplemental memorandum addressing the propriety of joinder in light of the principles described in Estee Lauder. Plaintiff may also want to review the Court's order in Bug Art Limited v. The Partnerships, 24 CV 7777, Dkt. 28, where the Court expressed its joinder-related concerns in cases of this size and type and also discussed its expectation that plaintiffs in such cases assist the Court in locating those portions of the record that support a plaintiff's joinder-related assertions. For example, in a case like this, where plaintiff has filed 42 individual PDFs, each one containing voluminous materials [Dkt. 14-55], the Court expects plaintiff to point it to the specific pages within those materials that support its joinder-related assertions. In the alternative, plaintiff has leave to file an amended complaint by 11/22/24 with a smaller subset of defendants along with its memorandum explaining specifically why each defendant is properly joined to all of the others. Estee Lauder, 334 F.R.D. at 189. The Court denies plaintiff's motion for temporary restraining order without prejudice to renewal following resolution of these joinder-related concerns. No appearance is required on 10/24/24.

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Anagram International, LLC Supplemental Notification of Affiliates

AMENDED complaint by Anagram International, LLC against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

SEALED DOCUMENT by Plaintiff Anagram International, LLC Amended Schedule A

MEMORANDUM by Anagram International, LLC Plaintiff's Memorandum in Support of Joinder

(Exhibit 1)

MOTION by Plaintiff Anagram International, LLC for temporary restraining order Plaintiff's Renewed Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MEMORANDUM by Anagram International, LLC in support of motion for temporary restraining order, 70

Declaration Wiles Declaration

Exhibit 1

Exhibit 2 Part 1

Exhibit 2 Part 2

Exhibit Exhibit 2 Part 3

Exhibit Exhibit 2 Part 4

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

Exhibit Hierl Exhibit 3

(Exhibit Hierl Exhibit 4)

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 3 Part 1 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 3 Part 2 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 3 Part 3 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 3 Part 4 of Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit 3 Part 5 of Wiles Declaration

NOTICE of Motion by Michael A. Hierl for presentment of motion for temporary restraining order, 70 before Honorable Georgia N Alexakis on 12/5/2024 at 09:30 AM.

MINUTE entry before the Honorable Georgia N Alexakis: Motion hearing held on 12/5/24. For the reasons stated on the record, plaintiff's renewed ex parte motion for entry of a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 70 is denied without prejudice to renewal.

NOTICE of Voluntary Dismissal by Anagram International, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendants Nos. 109 "Little Baby Party Store" and 212 "Yada Umbrella Store"

MOTION by Plaintiff Anagram International, LLC for temporary restraining order Plaintiff's Renewed Ex Parte Motion for Entry of a Temporary Restraining Order, Including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by Email and/or Electronic Publication

MEMORANDUM by Anagram International, LLC in support of motion for temporary restraining order, 80

Declaration Wiles Declaration

Exhibit 1

Declaration Hierl Declaration

Exhibit Hierl Exhibit 1

Exhibit Hierl Exhibit 2

(Exhibit Hierl Exhibit 3)

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit Part 1 to Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit Part 2 to Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit Part 3 to Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit Part 4 to Wiles Declaration

SEALED DOCUMENT by Plaintiff Anagram International, LLC Exhibit Part 5 to Wiles Declaration

MEMORANDUM by Anagram International, LLC Plaintiff's Supplemental Memorandum in Support of its Motion for Entry of a Temporary Restraining Order

(Exhibit A)

MINUTE entry before the Honorable Georgia N Alexakis:Pursuant to the notice of voluntary dismissal, Defendants No. 109 "Little Baby party Store" and 212 "YADA Umbrella Store" are dismissed without prejudice. Each party shall bear its own attorney's fees and costs.

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.

NOTICE of Motion by Michael A. Hierl for presentment of motion for temporary restraining order, 80 before Honorable Georgia N Alexakis on 1/7/2025 at 09:30 AM.

MINUTE entry before the Honorable Georgia N Alexakis: Motion hearing held on 1/7/25. Plaintiff's renewed motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, expedited discovery, and service of process by email and/or electronic publication 80 is granted, as modified on the record. An amended proposed order should be sent to the Court's proposed order mailbox today (1/7/25).

SEALED Temporary Restraining Order Signed by the Honorable Georgia N Alexakis on 1/7/25.

MINUTE entry before the Honorable Georgia N Alexakis:Minute order 91 is amended. Motion hearing held on 1/7/25. Plaintiff's renewed ex parte motion for a temporary restraining order, including a temporary injunction, a temporary asset restraint, and expedited discovery 80, is granted, as modified on the record. An amended proposed order should be sent to the Court's proposed order mailbox on 1/7/25. Plaintiff's written submission establish that if defendants were informed of this proceeding before a TRO could issue, assets traceable to the infringing activity would likely be redirected, defeating plaintiff's interests in identifying defendants, stopping the infringement, and obtaining an accounting. In addition, the submitted evidence establishes a likelihood of success on the merits, the infringement is ongoing, the harm to plaintiff is irreparable, and an injunction is in the public interest because infringement interferes with the plaintiff's ability to control its intellectual property. Those rights cannot be fully compensated by money damages. There is no countervailing harm to defendants from an order directing them to stop infringement. Electronic service of process does not violate any treaty and is consistent with due process because it is an effective, perhaps the most effective, way to communicate with defendants. Expedited discovery is warranted to identify defendants and implement the asset freeze. If any defendant were to appear and object, the court will take a fresh look at the asset freeze, joinder, electronic service, and personal jurisdiction. The court finds that security in the amount of $10,000 is sufficient to secure the injunctive relief.

SURETY BOND in the amount of $ 10,000.00 posted by Anagram International, LLC

MOTION by Plaintiff Anagram International, LLC for extension of time Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order

NOTICE of Motion by Michael A. Hierl for presentment of extension of time 95 before Honorable Georgia N Alexakis on 1/23/2025 at 09:30 AM.

MINUTE entry before the Honorable Georgia N Alexakis:Motion hearing held on 1/23/25. For the reasons stated on the record, Plaintiff's ex parte motion to extend the Temporary Restraining Order 95 is denied.

MOTION by Plaintiff Anagram International, LLC Plaintiff's Motion for Electronic Service of Process Pursuant to Fed. R. Civ. P. 4(f)(3)

MOTION by Plaintiff Anagram International, LLC to expedite Plaintiff's Motion for Expedited Discovery

NOTICE of Motion by Michael A. Hierl for presentment of motion to expedite 99, motion for miscellaneous relief 98 before Honorable Georgia N Alexakis on 2/4/2025 at 09:30 AM.

MINUTE entry before the Honorable Georgia N Alexakis: Plaintiff's motions for service of process by email and electronic publication 98 and expedited discovery 99 are granted. No appearance required on 2/4/25. The Court finds that electronic service of process does not violate any treaty and is consistent with due process because it is an effective way to communicate with the online marketplace defendants. The Court also finds that expedited discovery is warranted to identify defendants. The Court decides these issues, however, without the benefit of adversarial presentation. If any defendant were to appear and object, the Court will take a fresh look at the issues of electronic service of process and expedited discovery as well as any issues related to personal jurisdiction and joinder. Enter Order.

ORDER Signed by the Honorable Georgia N Alexakis on 2/3/25.

SUMMONS Issued (Court Participant) as to Defendant The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto

SUMMONS Returned Executed by Anagram International, LLC as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Amended Schedule A Hereto on 3/7/2025, answer due 3/28/2025.

NOTICE of Voluntary Dismissal by Anagram International, LLC Plaintiff's Notice of Voluntary Dismissal as to Defendant No. 199

MINUTE entry before the Honorable Georgia N Alexakis: Pursuant to the notice of voluntary dismissal per Federal Rules of Civil Procedure 41(a)(1), Defendant No. 199 Wedding Decoration Woman Store is dismissed with prejudice. Each party shall bear its own attorney's fees and costs.

NOTICE of Voluntary Dismissal by Anagram International, LLC Plaintiff's Notice of Voluntary Dismissal as to Certain Defendants

MINUTE entry before the Honorable Georgia N Alexakis: Pursuant to the notice of voluntary dismissal per Federal Rules of Civil Procedure 41(a)(1), Defendants No. 49 DAWNFAM Party Store and No. 133 Party Supplies 11.11 Store are dismissed with prejudice.Each party shall bear its own attorney's fees and costs.

MINUTE entry before the Honorable Georgia N Alexakis: Plaintiff is directed to file a status report by 4/29/25, which should include a list of all defendants who have not yet been dismissed and a proposed timeline for resolution of this matter.

MOTION by Plaintiff Anagram International, LLC for default judgment as to Plaintiff's Motion for Entry of Default and Default Judgment Against Defendants Identified on Amended Schedule A

(Exhibit A)

MEMORANDUM by Anagram International, LLC in support of motion for default judgment, 111

Exhibit 1

(Exhibit 2)

DECLARATION of Michael A. Hierl regarding motion for default judgment, 111

(Exhibit Hierl Exhibit 1)

NOTICE of Motion by Michael A. Hierl for presentment of motion for default judgment, 111 before Honorable Georgia N Alexakis on 5/8/2025 at 09:30 AM.

STATUS Report by Anagram International, LLC

(Exhibit A)

MINUTE entry before the Honorable Georgia N Alexakis: Before the Court is plaintiff's motion for entry of default and default judgment 111 against the remaining defendants identified in Amended Schedule A [111-1]. All remaining defendants have failed either to plead or to otherwise appear to defend against this action. Accordingly, default against all defendants on Amended Schedule A is entered under Rule 55(a) of the Federal Rules of Civil Procedure. Any objections to the motion for entry of default judgment by the Defaulting Defendants must be filed on or before 5/14/25. Plaintiff must serve this minute order upon all the Defaulting Defendants within one business day of its entry on the docket and must promptly file proof of that service. The Court resets the hearing on plaintiff's motion for entry of default judgment to 5/19/25 at 9:30 a.m. On or before 5/14/25, plaintiff is directed to supplement its motion for entry of default judgment with a memorandum that provides the Court with any information that would permit it to conduct an individualized assessment of damages on a per-defendant basis, including but not limited to information gathered through third-party discovery 101 of each defendant's sales figures with respect to the infringing products at issue and the length of time each defendant sold the infringing products at issue.

CERTIFICATE of Service by John Wilson on behalf of Anagram International, LLC

MEMORANDUM by Anagram International, LLC Plaintiff's Supplemental Memorandum in Support of a $50,000 Damage Award Per Defaulting Defendant

Exhibit A

Exhibit B

Exhibit C

Exhibit D

Exhibit E

Exhibit F

(Exhibit Kalbac Exhibit 1)

MINUTE entry before the Honorable Georgia N Alexakis: The Defaulting Defendants identified in the Amended Schedule A [111-1] have not responded to plaintiff's motion for entry of default judgment. Accordingly, the motion 111 is granted. Based on the evidence previously submitted by plaintiff and the admission of liability by virtue of the default, plaintiff has established that a permanent injunction should be entered. The infringement of plaintiff's intellectual property rights irreparably harms plaintiff and confuses the public. Because this infringement was willful, and after considering the value of plaintiff's brand, the relatively low price-point of the infringing products, and the need to deter infringement that is easily committed and difficult to stop, the Court concludes that $5,000 is an appropriate award of statutory damages against each Defaulting Defendant. Enter Final Judgment Order, as modified by the Court. Civil case terminated.

FINAL JUDGMENT ORDER Signed by the Honorable Georgia N Alexakis on 5/16/25.